Supreme Court of Pennsylvania 

Court of Common Pleas For Prothonotary Use Only: TIM

Civil Cover Sheet ES
Docket No: TA
MP
BERKS
_______________________________ County

The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
Complaint Writ of Summons Petition
S Transfer from Another Jurisdiction Declaration of Taking
E
Lead Plaintiff’s Name: Lead Defendant’s Name:
C Berks Area Regional Transportation Authority City of Reading
T
Dollar Amount Requested: within arbitration limits
I Are money damages requested? Yes No (check one) outside arbitration limits
O
N Is this a Class Action Suit? Yes No Is this an MDJ Appeal? Yes No

A Jill E. Nagy, Esq. PA I.D. 85858

Name of Plaintiff/Appellant’s Attorney: _____________________________________________________________________
Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant)

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________________________
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Updated 1/1/2011
BERKS AREA REGIONAL : IN THE COURT OF COMMON PLEAS
TRANSPORTATION AUTHORITY, : OF BERKS COUNTY, PENNSYLVANIA
Plaintiff :
:
v. : No. _________________________
:
CITY OF READING, : CIVIL ACTION – MANDAMUS
Defendant :

COMPLAINT – MANDAMUS

AND NOW, this 25th day of June, 2018, comes Berks Area Regional Transit

Authority, by and through its Solicitor Summers Nagy Law Offices, and files the

following Complaint in Mandamus:

1. The Plaintiff is Berks Area Reading Transportation Authority (BARTA) is

a municipal transit authority, organized and existing under the Municipalities

Authorities Act and has a business address at 1700 N. 11th Street, City of Reading, Berks

County Pennsylvania.

2. The City of Reading is a third-class city in Berks County with a business

address at 815 Washington Street, Reading, Berks County Pennsylvania, 19601.

3. On May 18, 2018, Plaintiff BARTA filed an application with the Defendant

City for the issuance of a zoning permit for the Franklin Street Station with an address

of 64 S. 7th Street, in the City of Reading (Property) for the use of the Property for the

operation of the Saucony Creek Brewery which is a permitted use on the property as

determined by the City Zoning Officer.

4. Plaintiff BARTA owns the Property.

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 5. On or about June 14, 2018, BARTA received a letter from the City’s Zoning

Department noting that a permit for the operation of the pub because of setback

deficiencies at the property. A true and correct copy of said letter is attached hereto as

Exhibit “A”.

6. Setback considerations for the property were fully analyzed and a

decision granting said variance was issued by the City of Reading Zoning Hearing

Board for the same property set forth in Exhibit “A”. A true and correct copy of said

zoning decision is attached hereto as Exhibit “B”.

7. No other basis for denying the permit exists.

8. BARTA is entitled to the zoning permit as a matter of law and fact.

9. Issuing the permit is non-discretionary based upon the Zoning Letter and

the Zoning Variance that was granted in 2004.

COUNT I
MANDAMUS

10. The aforementioned paragraphs are incorporated herein as if more fully

set forth.

11. The proposed building, use and property are in full compliance with all

City zoning regulations, and the prosed use will not violate any of the laws of the

Commonwealth of Pennsylvania or any of the ordinances of City.

12. The proper application and fee have been satisfied for the issuance of the

permit.

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 13. Despite the request that an appropriate zoning permit be issued to

Plaintiff, the Defendant City has refused to approve the issuance of the zoning permit.

14. The issuance of such permit is ministerial.

15. Mandamus is a proper method of seeking the issuance of a zoning permit.

16. BARTA has a signed lease for the use of the property and has forfeited

revenue during the period it has taken since the date of application to present, and

ongoing, as it seeks the non-discretionary issuance of the permit.

17. Based upon the City’s failure to issue the permit, the Plaintiff has suffered

damage and seeks compensation for the same based upon the City’s refusal and failure

to perform the duty imposed upon it by law. See 42 Pa.C.S.A. § 8303.

18. Plaintiff has a direct interest in this action because the refusal of

Defendant to issue the zoning permit to plaintiff deprives it of the ability to use the

property in a lawful and authorized manner.

19. Plaintiff has no other adequate remedy at law, and unless Plaintiff is

issued a zoning permit by Defendants and permitted to commence

construction/commence lease, Plaintiff will suffer irreparable harm.

[Space Left Intentionally Blank]

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WHEREFORE, plaintiff requests that this Court enter an Order in mandamus:

(a) directing the Defendant City of Reading to issue to Plaintiff BARTA

the requested zoning permit; and

(b) that this Court enter such additional relief as is just and appropriate

under the circumstances, including monetary damages as permitted by law.

Respectfully submitted,

SUMMERS NAGY LAW OFFICES

/s/Jill E. Nagy
By: _________________________________
Jill E. Nagy, Esq. PA I.D. 85858
200 Spring Ridge Drive, Suite 202
Wyomissing, PA 19610
(610) 939-9866
Fax: (610) 939-9863
E-mail: jnagy@summersnagy.com
Attorney for Plaintiff, Berks Area Regional
Transportation Authority.